Overview

The Migration (LIN 20/007: Payment of Visa Application Charges and Fees in Foreign Currencies) Amendment Instrument 2020 amends the Migration (LIN 20/001: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2020, which was enacted under the Migration Regulations 1994. This amendment aims to ensure consistency with the Australian Citizenship Regulations 2016, specifically addressing the definitions of conversion instrument and places and currencies instrument. The instrument was introduced to streamline and update the regulatory framework governing the payment of visa application charges and fees in foreign currencies, ensuring that the definitions and processes align with other legislative changes. The enactment of this amendment reflects the intention to maintain a coherent and updated administrative structure within the Migration Regulations, facilitating smoother processing and compliance for applicants.

Scope and Application

The Migration (LIN 20/007: Payment of Visa Application Charges and Fees in Foreign Currencies) Amendment Instrument 2020 applies to the payment of visa application charges and fees in foreign currencies, effectively modifying the previous legislative instrument, LIN 20/001. It primarily targets individuals and entities involved in the application of fees for migration-related services, particularly those who need to make payments in foreign currencies. The instrument operates within the framework of the Migration Regulations 1994 and extends to the national level across Australia. It does not specify exclusions or exemptions but rather ensures alignment with other regulatory instruments such as the Australian Citizenship Regulations 2016. The scope of the instrument is further extended and potentially restricted through subordinate instruments as mandated by the Migration Regulations 1994. This amendment instrument repeals and amends certain provisions of the preceding instrument, LIN 20/001, to ensure consistency with other legislative changes and regulatory updates.

Key Provisions

The Migration (LIN 20/007: Payment of Visa Application Charges and Fees in Foreign Currencies) Amendment Instrument 2020 amends the previously issued Migration (LIN 20/001: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2020, primarily to ensure consistency with recent changes in other related regulations. Section 1 of Schedule 1 of the Amendment Instrument removes the authority for section 6 and Schedule 1 of LIN 20/001, while section 2 removes the definition of 'foreign country' which is no longer used in the updated instrument. Section 3 of Schedule 1 amends section 5 of LIN 20/001 to account for the repeal of Schedule 1. Sections 4, 5, and 6 of Schedule 1 retitle sections 6, 7, and 8 of LIN 20/001 and repeal Schedule 1 entirely, ensuring alignment with the Australian Citizenship Regulations. The Amendment Instrument imposes specific obligations on the parties involved, primarily ensuring that the payment of visa application charges and fees in foreign currencies aligns with the latest regulatory standards. The changes necessitate that the definitions and structures within the instrument are consistent with other related regulatory frameworks, thus maintaining uniformity across the legislative environment governing visa applications and fees. The Amendment Instrument does not introduce new offences or penalties but relies on the existing framework under the Migration Regulations 1994. Any breaches of the regulations would be subject to the penalties prescribed under the principal Act and associated instruments. Typically, such breaches could result in civil or criminal penalties, depending on the severity and intent behind the non-compliance. The exact penalties would be determined in accordance with the provisions of the Migration Regulations 1994 and the relevant legislative context. The changes made by the Amendment Instrument are of a minor or machinery nature and do not substantially alter existing arrangements, thereby exempting them from the requirement for consultation. The Acting Chief Financial Officer, Finance Division, who made the instrument, was duly delegated the necessary powers to do so under the Instrument Making Powers (Minister) Instrument 2019/228. Additionally, the Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required for this amendment. The instrument is also exempt from disallowance, thereby negating the need for a Statement of Compatibility with Human Rights. This Amendment Instrument took effect on 1 January 2020, ensuring that all relevant changes were implemented at the start of the new year.